Enother.net Enother Services
Hosting/Registration/VOIP
Terms Of Services
VOIP Terms Of Service
The use of services provided by Enother.net Enother Services LLC [hereafter
referred to as "Enother.net Enother Services"] constitutes
agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT
THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU
HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
E911 Service
Enother.net Enother Services provides you with phone services over your
broadband connection. There is an important difference between the Enother.net
Enother Services service and the phone service provided over a traditional
phone line -- this difference is that the 9-1-1 dialing feature with
Enother.net Enother Services has important limitations that you should
be aware of and that you advise others that may use the Enother.net
Enother Services service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING
AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE Enother.net
Enother Services SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING
A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE Enother.net Enother Services
SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT
THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR
LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING
FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE
WILL BE SENT TO YOUR LOCATION.
Additional limitations are as follows:
If you lose power or there is a disruption to power at the location
where Enother.net Enother Services is used, neither Enother.net Enother
Services nor the 9-1-1 dial feature will function until power is restored.
You should also be aware that after a power failure or disruption, you
may need to reset or reconfigure the Enother.net Enother Services device
prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended,
terminated or disrupted, neither Enother.net Enother Services nor the
9-1-1 dial feature will function until the Internet connection or Broadband
Service is restored.
If your Enother.net Enother Services account is suspended or terminated,
the Enother.net Enother Services service outage will prevent the 9-1-1
dialing feature from functioning. There may be a greater possibility
of network congestion and/or reduced speed in the routing of a 9-1-1
dialed calls utilizing Enother.net Enother Services as compared to traditional
911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address
that you submit to Enother.net Enother Services for the location at
which Enother.net Enother Services will be used and to which emergency
service will be sent in the event that you use the Enother.net Enother
Services 9-1-1 dialing service. You are responsible for updating and
of the advising us of any and all changes to the address or location
at which Enother.net Enother Services will be used. Enother.net Enother
Services uses a third party to route the 9-1-1 dialed calls to the applicable
local emergency response center or to the national emergency calling
centers. We make no warranties or guarantees as to whether, or the manner
in which, 9-1-1 dialed calls that you make are answered or responded
to by the local emergency response center or by the national emergency
calling centers. We disclaim any and all liability or responsibility
in the event that the third party data used to route 9-1-1 dialed calls
is incorrect or yields an erroneous result. Neither Enother.net Enother
Services, its officers, directors, stockholders, parent corporation,
its affiliated or subsidiary corporations, employees, representatives
or agents may be held liable for any claim, damage or loss, and you
hereby waive any and all such claims or causes of action, arising from
or relating to Enother.net Enother Services 9-1-1 dialing service unless
such claims or causes of action arise from Enother.net Enother Services's
gross negligence, recklessness or willful misconduct. You agree to release,
indemnify, defend and hold harmless Enother.net Enother Services, its
officers, directors, stockholders, parent corporation, its affiliated
or subsidiary corporations, employees, representatives or agents and
any other service provider who furnishes services to you from any and
all claims, damages, losses, suits or actions, fines, penalties, cost
and expenses (including, but not limited to, attorney fees) or any liability
whatsoever, whether suffered, made, instituted or asserted by you or
by any other party or person, for any personal injury to or death of
any person or persons, or for any loss, damage or destruction of any
property, whether owned by you or others, or for any infringement or
invasion or the right of privacy of any person or persons, caused or
claimed to have been caused, directly or indirectly, by the operation,
failure or outage of services, incorrect routing, or use of, or inability
of a person to use, Enother.net Enother Services 911 dialing feature
or service or access emergency service personnel.
Equipment
Enother.net Enother Services provides all residential customers with
a telephone adapter and softphone solution to use to connect to our
service. This device remains the property of Enother.net Enother Services
and must be returned to cancel service or if a replacement device is
issued. Users are not authorized to update the firmware, load third-party
firmware, or otherwise tamper with Enother.net Enother Services-owned
devices. If a user attempts any of these things and damages the device,
they will be responsible for the purchase of the device for $49.95.
Users must not attempt to reset the device to a factory default setting
by using the "reset button" on the back of the device. If
a user resets the device using this reset button, the user may be responsible
for the purchase of the device and for all shipping costs related to
reprogramming/replacement. Service credits will NOT be issued for the
time the service is down due to the user-initiated device reset.
The use of any other third party PBX systems or PBX software (such as
Asterisk) is strictly prohibited. Users who attempt to circumvent this
restriction face immediate termination of their service. Enother.net
Enother Services reserves the right to remotely access and manage any
devices connected to our network.
Miscellaneous
Enother.net Enother Services reserves the right to refuse to provide
service to anyone at its sole discretion with or without reason. Enother.net
Enother Services also reserves the right to terminate accounts with
or without reason at its sole discretion. If Enother.net Enother Services
terminates service for any reason other than a Terms of Service violation,
the customer will receive a full prorated refund for any prepaid service.
If Enother.net Enother Services terminates service for Terms of Service
violation, the user is not entitled to any refund.
Calls to Alaska, Hawaii, and other offshore destinations are not included
in Enother.net Enother Services's calling p/lans and are billable at
the rates published on the international rates page.
Support
Enother.net Enother Services provides support for using our service
and provided hardware only. We do not provide troubleshooting or support
for routers, computers or internet connections. The provided phone adapter
has a built in router is designed to be connected directly to a modem
and then your existing router or computer connected to the built in
router. If you connect the Enother.net Enother Services adapter to an
existing router, we cannot provide troubleshooting for your router if
service does not work properly.
Service Limitations
Due to the nature of all VoIP services, Enother.net Enother Services
service is not designed to be used for data connections with modems,
home security systems, fax machines and related devices. It is optimized
for voice only and you may experience issues and inconsistencies when
using Enother.net Enother Services service in non-voice scenarios.
Services Average Use Only
Enother.net Enother Services unmetered residential and small business
VoIP plans are intended for average residential or light small business
use only. Any other use is strictly prohibited. Enother.net Enother
Services uses automated systems to monitor usage to detect patterns
which are typical of non-residential use such as telemarketing, call
center, autodialing, continuous call forwarding, frequent, excessively
long calls to single numbers, etc.
All residential and small business VoIP plans are designed for customers
with average usage of under 5,000 minutes per month. Accounts exceeding
5,000 minutes per month on a regular basis are not eligible for these
plans. If an account exceeds 5,000 minutes in a calendar month, Enother.net
Enother Services may bill for the excess minutes above 5,000 at 1.9
cents per minute. Enother.net Enother Services shall have sole discretion
to determine whether usage is consistent with average usage or not.
Cancellations
All cancellations must be made online at www.Enother.net Enother Services.com/cancel
For more information regarding cancellation procedure, please email
support@Enother.net Enother Services.com
Before a cancellation can be processed, users must return the provided
Enother.net Enother Services phone adapter. If a user wishes to cancel
service without returning the Enother.net Enother Services phone adapter
or service is disconnected for non-payment, a $49.95 fee for the purchase
of the adapter will be charged. Users are responsible for paying service
fees until the adapter is returned to Enother.net Enother Services or
purchased. Any prorated refunds due in accordance with our refund policies
will be calculated based on the monthly rate being charged for service
used and partial months will be rounded up to the nearest full month.
Refunds will be calculated only based on funds paid to Enother.net Enother
Services as Enother.net Enother Services-issued credits and coupons
have no cash value for refund purposes.
Billing
Accounts renew automatically unless canceled. Accounts will renew on
or around the anniversary of your initial order based on your selected
term. All Enother.net Enother Services services are prepaid at least
one month in advance. If you have a credit card on file, Enother.net
Enother Services will bill you automatically when charges are due. Customers
are responsible for all international calling usage charges and premium
calls (such as 411) billed to their accounts. Enother.net Enother Services
will bill your credit card periodically for these charges automatically.
These charges may be delayed at our discretion or billed at any point
immediately following the completion of such calls. Promotional plans
will renew at standard pricing after the initial term. Promotional pricing
is only available for new customers unless explicitly stated as being
available for existing customers in an offer. Existing customers that
are up for renewal at standard pricing may not cancel an account and
re-establish it to obtain new customer pricing as they will not be considered
new customers. Standard pricing for residential VoIP and small business
VoIP accounts $149 annually for annual plans and $15 monthly for monthly
plans. If you do not have a credit card on file and use another accepted
payment method such as PayPal which may require manual payments to be
made, it is your responsibility to ensure that you have a positive account
balance at all times. Enother.net Enother Services is a prepaid service
and does not provide a grace period for billing. If invoices are not
paid by the due date, your account may be subject to immediate disconnection
and a $5 late fee.
Right to Refuse Service
Enother.net Enother Services reserves the right to refuse to provide
service to anyone at its sole discretion with or without reason. Enother.net
Enother Services also reserves the right to terminate accounts with
or without reason at its sole discretion. If Enother.net Enother Services
terminates service for any reason other than a Terms of Service violation,
the customer will receive a full prorated refund for any prepaid service.
If Enother.net Enother Services terminates service for Terms of Service
violation, the user is not entitled to any refund.
Privacy
Enother.net Enother Services utilizes, in whole or in part, the public
Internet and third party networks to transmit voice and other communications.
Enother.net Enother Services makes no claims with regards to the privacy
of voice packets transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Enother.net
Enother Services harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against
Enother.net Enother Services , its agents, its customers, officers and
employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold
harmless Enother.net Enother Services against liabilities arising out
of; (1) any injury to person or property caused by any products sold
or otherwise distributed in connection with Enother.net Enother Services
; (2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
Binding Arbitration
By using any Enother.net Enother Services service, you agree to submit
to binding arbitration. If any disputes or claims arise against Enother.net
Enother Services or its subsidiaries, its agents, its employees, its
officers, or its owners, such disputes will be handled by an arbitrator
of Enother.net Enother Services 's choosing. An arbitrator from the
American Arbitration Association or the National Arbitration Forum will
be selected in the state of Texas. Arbitrators shall be attorneys or
retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final.
The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all arbitration
under this Arbitration Clause.
Disclaimer
Enother.net Enother Services shall not be responsible for any damages
you or your business may suffer. Enother.net Enother Services makes
no warranties of any kind, expressed or implied for services we provide.
Enother.net Enother Services disclaims any warranty or merchantability
or fitness for a particular purpose. Since we use the public internet
to deliver service, we cannot guarantee uptime or availability of service
and do not issue refunds or credits for outages.
Change of Terms
We may change the terms and conditions of this Agreement from time to
time. Notices will be considered given and effective on the date posted
on our website. These changes will become binding and effective the
date they are posted to our website. No further notice by us is required
upon your continued use of the Service. The Agreement as and when posted
supersedes all previously agreed to electronic and written terms of
service.
